Allahabad High Court
HARISHANKAR SHARMAversusPRIYA KUMARI
- Decided
- Bench
- VIKAS BUDHWAR
Holding
Where a prima facie case of willful disobedience of a writ court order is made out, the court may, without issuing notice to the alleged contemnor at that stage, grant further time to comply and dispose of the contempt application with liberty to revive it on non-compliance.
Summary
The applicant filed a contempt application alleging willful defiance of the order dated 1.4.2026 passed in Writ-C No.12392 of 2026 (Harishankar Sharma Vs. State of U.P. And 3 others). The applicant contended that despite service of a certified copy of the writ court order, the opposite party had not complied with it. The court heard learned counsel for the applicant and found that, prima facie, a case was made out for punishing the opposite party for willful disobedience. However, the court did not issue notice to the opposite party at that stage. Instead, the opposite party was granted three months further time to comply with the writ court order from the date of production of a certified copy of this order. The applicant was directed to supply a duly stamped registered envelope and a self-addressed envelope to the office within two weeks, and the office was to send a copy of the order along with the contempt application to the opposite party. The opposite party was directed to comply and intimate the applicant through the self-addressed envelope, with liberty to the applicant to approach the court again if compliance was not made. The application was finally disposed of at this stage.
Issues considered
- Whether the opposite party has willfully disobeyed the order dated 1.4.2026 passed in Writ-C No.12392 of 2026?
- Whether a prima facie case for punishing the opposite party for contempt is made out?
- Whether notice should be issued to the opposite party at this stage?
- What further time, if any, should be granted to the opposite party to comply with the writ court order?
Subjects
- Contempt of Court
- Willful Disobedience
- Compliance of Writ Court Order
- Further Time
- Civil Contempt
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6656 of 2026
Harishankar Sharma
.....Applicant(s)
Versus
Priya Kumari
.....Opposite
Party(s)
Counsel for Applicant(s) : Naushad Alam, Shashi Kant Dwivedi
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. Heard learned counsel for the applicant.
2. The present contempt application has been preferred alleging willful
defiance of the order dated 1.4.2026 passed in Writ-C No.12392 of 2026
(Harishankar Sharma Vs. State of U.P. And 3 others).
3. It is contended by learned counsel for the applicant that despite service
of certified copy of the order upon the opposite party, till date the order of
writ Court has not been complied with.
4. Prima facie, a case has been made out for punishing the opposite party
for willful disobedience of the judgment and order passed in the aforesaid
writ petition.
5. However, no notice is issued to the opposite party at this stage. The
opposite party is granted three months further time to comply with the
order dated 1.4.2026 passed in Writ-C No.12392 of 2026 (Harishankar
Sharma Vs. State of U.P. And 3 others) from the date of production of a
certified copy of this order.
6. The applicant shall supply a duly stamped registered envelope
addressed to the opposite party and another self-addressed envelope to the
office within two weeks from today. The office shall send a copy of this
order along with the self-addressed envelope of the applicant with a copy
of contempt application to the opposite party within one week thereafter
CAPL No. 6656 of 2026
2
and keep a record thereof.
7. The opposite party shall comply with the directions of the writ court
and intimate the applicant the order through the self-addressed envelop
within a week thereafter.
8. In case, the opposite party does not comply with the order, it would be
open to the applicant to approach this court again.
9. With the aforesaid observations, this application is finally disposed of
at this stage.
(Vikas Budhwar,J.)
September 23, 2026
N.S.Rathour
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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